N.Y. Comp. Codes R. & Regs. tit. 4 § 5.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5.7 - Refusal or failure to accept appointment from competitive and noncompetitive reemployment lists

(a) For the purposes of this section, the term reemployment listshall refer to any preferred list or reemployment roster or placement roster established pursuant to Civil Service Law or rule.

(b) Relinquishment of eligibility for appointment. The failure or refusal of a person on a reemployment list after reasonable notice to accept appointment therefrom to his/her former position, or any comparable position in the same salary grade for which such list is certified, shall be deemed to be a relinquishment of his/her eligibility for appointment, and his/her name shall thereupon be removed from such reemployment list as determined by the Department of Civil Service. The name of such person may be restored to such reemployment list, and certified to fill such appropriate vacancies as may thereafter occur, only upon the request of such person and his/her submission of reasons satisfactory to the Department of Civil Service for his/her previous failure or refusal to accept appointment.

(c) Effect of refusal to accept appointment in different geographic location. Notwithstanding the provisions of subdivision (b) of this section, a person on a reemployment list shall not be deemed to relinquish his/her eligibility for appointment therefrom by reason of his/her failure or refusal to accept appointment to a position in a different geographic location than that of his/her former position. In such event, however, the name of such person may be withheld from further certification for appointment to such other vacancies as may occur in such other geographic location.

(d) Effect of refusal to accept appointment to lower grade position. A person on a reemployment list shall not be deemed to relinquish his/her eligibility for appointment therefrom by reason of his/her failure or refusal to accept appointment to a position in a lower salary grade than the position from which he/she was suspended, demoted or displaced. The name of such person may be withheld from further certification for appointment to a position in the same or a lower salary grade than the position to which he/she failed or refused to accept appointment.

(e) Restoration to eligibility for appointment not to affect previous appointments. The restoration of the name of a person to a reemployment list, or his/her restoration to eligibility for certification therefrom to positions in any particular geographic location or to positions in a lower salary grade than his/her former position, shall not invalidate or in any manner adversely affect any appointment, promotion, reinstatement, displacement or demotion previously made to any position to which such person would otherwise have been eligible for appointment from such reemployment list.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 5.7